The US Supreme Court has given the Trump administration temporary permission to use an 18th-century wartime law to deport Venezuelan migrants accused of gang involvement. In a 5–4 decision, the court allowed the government to enforce the Alien Enemies Act , originally passed in 1798, but insisted that those affected must be granted a court hearing before removal.
The ruling, a major victory for the Trump White House, permits immigration officials to fast-track deportations while legal challenges continue in lower courts. However, the court made clear that deportees must be informed they are subject to the act and given a chance to contest their removal.
Legal proceedings must now take place in Texas, not Washington, as a federal appeals court had previously decided.
The decision exposed deep divisions on the bench. All three liberal justices dissented, accusing the administration of attempting to bypass judicial scrutiny. Justice Amy Coney Barrett, though part of the conservative majority, partially joined the dissent, signalling unease with parts of the ruling.
Attorney General Pam Bondi described the court’s ruling as “a landmark victory for the rule of law.” She added, “An activist judge in Washington, DC does not have the jurisdiction to seize control of President Trump’s authority to conduct foreign policy and keep the American people safe,” in a social media post. The ruling stemmed from an order issued by U.S. District Judge James E. Boasberg, who blocked deportations to El Salvador.
President Trump invoked the Alien Enemies Act to justify deportations under a proclamation targeting the Tren de Aragua gang. The ACLU sued on behalf of five Venezuelan noncitizens detained in Texas, prompting Boasberg’s temporary halt on deportations.
The judge later questioned if the administration defied his order. Trump and allies called for Boasberg’s impeachment, though Chief Justice Roberts stated, “impeachment is not an appropriate response to disagreement concerning a judicial decision.”
What is the Alien Enemy Act?
The Alien Enemy Act of 1798 is a wartime law that gives the US President authority to detain or deport nationals of a hostile country during a declared war or in cases of invasion or threat. Still in force today, it was part of the original Alien and Sedition Acts, introduced to address tensions with France. While other related laws were later repealed, the Alien Enemy Act remains intact and has rarely been used in modern times.
Under the act, those deemed to be linked to a hostile nation can be subject to restrictions, detention, or removal—typically following a presidential proclamation. The law is rooted in the belief that foreign nationals aligned with an enemy power may pose a security risk and therefore are not entitled to the same protections as US citizens. The recent case involving Venezuelan migrants marks one of the most high-profile uses of the act in recent decades.
The ruling, a major victory for the Trump White House, permits immigration officials to fast-track deportations while legal challenges continue in lower courts. However, the court made clear that deportees must be informed they are subject to the act and given a chance to contest their removal.
Legal proceedings must now take place in Texas, not Washington, as a federal appeals court had previously decided.
The decision exposed deep divisions on the bench. All three liberal justices dissented, accusing the administration of attempting to bypass judicial scrutiny. Justice Amy Coney Barrett, though part of the conservative majority, partially joined the dissent, signalling unease with parts of the ruling.
Attorney General Pam Bondi described the court’s ruling as “a landmark victory for the rule of law.” She added, “An activist judge in Washington, DC does not have the jurisdiction to seize control of President Trump’s authority to conduct foreign policy and keep the American people safe,” in a social media post. The ruling stemmed from an order issued by U.S. District Judge James E. Boasberg, who blocked deportations to El Salvador.
President Trump invoked the Alien Enemies Act to justify deportations under a proclamation targeting the Tren de Aragua gang. The ACLU sued on behalf of five Venezuelan noncitizens detained in Texas, prompting Boasberg’s temporary halt on deportations.
The judge later questioned if the administration defied his order. Trump and allies called for Boasberg’s impeachment, though Chief Justice Roberts stated, “impeachment is not an appropriate response to disagreement concerning a judicial decision.”
What is the Alien Enemy Act?
The Alien Enemy Act of 1798 is a wartime law that gives the US President authority to detain or deport nationals of a hostile country during a declared war or in cases of invasion or threat. Still in force today, it was part of the original Alien and Sedition Acts, introduced to address tensions with France. While other related laws were later repealed, the Alien Enemy Act remains intact and has rarely been used in modern times.
Under the act, those deemed to be linked to a hostile nation can be subject to restrictions, detention, or removal—typically following a presidential proclamation. The law is rooted in the belief that foreign nationals aligned with an enemy power may pose a security risk and therefore are not entitled to the same protections as US citizens. The recent case involving Venezuelan migrants marks one of the most high-profile uses of the act in recent decades.
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